Borderline Justice

Borderline Justice

November 2, 2000

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In their 1996 book The Next War, former Secretary of Defense Caspar Weinberger and Peter Schweitzer concoct some troubling scenarios they imagine could confront the United States. One is with Mexico: It’s 1999, and a radical nationalist comes to power with the assistance of drug traffickers, resulting in a flood of migrants and drugs across the US boundary. In response, the Pentagon sends 60,000 troops to the border region. Tensions between the two countries mount over the next few years, leading to a full-scale US invasion of Mexico that restores law and order within six months. In constructing this nightmare scenario, the authors draw on a long history of depicting undesired immigrants as invading hordes and the international boundary as a line of defense. Peter Andreas recounts this hawkish vision in his provocative and highly persuasive Border Games: Policing the US-Mexico Divide. He argues that predictions of an inevitable march toward greater levels of militarization in the region–of which the Weinberger/Schweitzer vision is the most extreme–ignore the necessity of maintaining a porous boundary because of the significant and intensifying levels of economic integration between the United States and Mexico.

Still, as part of the US government’s war on drugs and “illegal” immigrants in the border region, the enforcement regime has grown dramatically over the past two decades, as chronicled by Andreas. The antidrug budget of the Immigration and Naturalization Service, for example, rose 164 percent between fiscal years 1990 and 1997, while the overall budget for the INS nearly tripled between FY 1993 and 1999, from $1.5 billion to $4.2 billion, with border enforcement the biggest growth area. At the same time, transboundary trade has reached unprecedented heights because of the 1994 implementation of NAFTA. This exacerbates the challenge of “enforcement.” As a 1999 government report cautioned, “Rapidly growing commerce between the United States and Mexico will complicate our efforts to keep drugs out of cross-border traffic.” With a daily average of 220,000 vehicles now crossing into the United States from Mexico–and only nine large tractor-trailers loaded with cocaine required to satisfy annual domestic demand in the United States–the task facing US authorities is daunting.

Given such practical contradictions, it’s the creation of an image of boundary control that has been most significant. As Andreas explains–and this is his well-written book’s central point–the escalation of border enforcement is less about deterring drugs and migrants than it is about symbolism. In other words, state elites are more concerned about giving a good performance for reasons of domestic political consumption than they are about realizing the stated goals of boundary enforcement. In fact, the political-economic costs of too much success serve to limit enforcement. As one high-level US Customs official cited in Border Games stated, “If we examined every truck for narcotics arriving into the United States along the Southwest border…. Customs would back up the truck traffic bumper-to-bumper into Mexico City in just two weeks–15.8 days…. That’s 1,177 miles of trucks, end to end.”

To the extent that there is an appearance of success, however (statistics showing more interdiction, for example), it helps to realize a variety of political agendas. As Andreas contends, “Regardless of its deterrent effect, the escalation of enforcement efforts has helped to fend off political attacks and kept the drug issue from derailing the broader process of economic integration.”

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Thus, in the case of NAFTA, the deceptive image (one carefully crafted with the Clinton White House) that Mexico under Carlos Salinas de Gortari was having significant success in the binational war on drugs facilitated a reluctant Congress’s passage of NAFTA. Moreover, the Administration promised that NAFTA would bring even greater levels of transboundary cooperation in the drug war and lead to more resources for boundary enforcement.

NAFTA also intertwined with the Administration’s offensive against unauthorized immigration (a matter Andreas does not discuss), which was, in part, the US answer to massive disruption in Mexico’s rural and small-business sectors brought about by growing economic liberalization. While Administration officials promoted NAFTA as a boundary-control tool (by creating better, high-paying jobs in Mexico, went the argument, NAFTA would lead to less immigration from Mexico to the United States), they also understood that NAFTA would intensify pressures to migrate among Mexicans displaced in the name of economic efficiency. As INS Commissioner Doris Meissner argued to Congress in November 1993, “Responding to the likely short- to medium-term impacts of NAFTA will require strengthening our enforcement efforts along the border.”

For Andreas, specific developments are often the “unintended feedback effects of past policy choices” as much as the result of particular bureaucratic incentives and rewards. The 1986 Immigration Reform and Control Act (IRCA), for example, led to the legalization of large numbers of unauthorized immigrants as a way of ultimately reducing unsanctioned immigration. IRCA’s main effect, however, was “to reinforce and expand already well-established cross-border migration networks” and to create a booming business in fraudulent documents.

These “perverse consequences” laid the foundation for the anti-immigrant backlash that emerged in the early 1990s–most vociferously in California, a state especially hard hit by the recession and feeling the effects of a rapidly changing population due to immigration. In advancing this argument, Andreas cautions that his goal is “not to provide a general explanation of the anti-illegal immigration backlash.” Rather, he seeks to show how political and bureaucratic entrepreneurs partially whipped up public sentiment and channeled it “to focus on the border as both the source of the problem and the most appropriate site of the policy solution.” While there is much merit in such an approach and the explanation that flows from it, it is insufficient.

First, as many have argued, the backlash of the 1990s was not simply against “illegal” immigrants but, to a large degree, against immigrants in general–especially the nonwhite, non-English speaking and the relatively poor. Moreover, as Andreas shows in a stimulating chapter that compares and contrasts similar developments along the Germany/Poland and Spain/Morocco boundaries, the seeming paradox of “a borderless economy and a barricaded border” is evidenced along boundaries that unite and divide rich and poor in other parts of the world. Given the locales of these developments and their uneven impacts on different social groups, there is need for another type of explanation.

How does one explain the differential treatment of the interests of the rich (enhanced trading opportunities) and those of the poor (those compelled by conditions to migrate and work without authorization)? It is in this area that Grace Chang is of great help. Disposable Domestics offers a refreshingly new perspective on immigration control. Chang’s tone is overtly political and more polemical than that of Andreas, but her approach is equally rigorous. Her goal is to make poor immigrant women visible, to humanize them, to highlight their contributions and tribulations, and to show them as actively trying to contest their conditions of subjugation.

Chang argues persuasively that poor immigrant women–largely Third Worlders–have become a central focus of “public scrutiny and media distortion, and the main targets of immigration regulation and labor control” in the United States. To show the continuity between past and present, she provides an overview of the long history of imagery portraying immigrant women as undeserving users of welfare services and hyperfertile breeders of children. In doing so, she makes an invaluable contribution, showing how the regulation of immigration and labor is inextricably tied to matters of gender, as well as to those of class, race and nationality.

The author effectively challenges mainstream assumptions that surround the immigration debate. For example, she argues that studies attempting to measure the costs and benefits of immigration–regardless of their findings or the agendas behind them–ultimately reduce immigrants to commodities or investments. Chang sides with an emerging consensus among immigrant advocates that sees such studies as missing the point, and instead emphasizes the human and worker rights of all immigrants. In this regard, she criticizes immigrant advocates who have fallen into the trap of dividing immigrants between good (“legal”) and bad (“illegal”).

Chang highlights the folly of this approach in recounting the trials of Zoë Baird, Clinton’s first nominee for Attorney General. When it came to light that she employed two undocumented immigrants as domestic servants–a common “crime” among two-career, professional couples–her nomination was sunk. What led to public outrage, according to Chang, was more the “resentment that this practice was so easily accessible to the more privileged classes while other working-class mothers struggled to find any child care,” rather than the flouting of the law per se.

Throughout, Chang gives us moving accounts of gross exploitation of immigrant women working as domestics or caretakers, showing that relatively well-off households often look specifically for “illegals” to save money and to facilitate their privileged lives. Indeed, “the advances of many middle-class white women in the workforce have been largely predicated on the exploitation of poor, immigrant women.” For Chang, this explains why “the major women’s groups were conspicuously silent during Baird’s confirmation hearings”–a manifestation of the racial and class privileges their members enjoy.

Recent antiwelfare efforts in the United States, which Chang explores in another provocative chapter, also rely on the exploitation and scapegoating of immigrant women. She compares representations of poor women–native and immigrant–used both in the promotion of welfare “reform” and in efforts to regulate undocumented working women. In both cases, poor women are portrayed as exploiters of the system (to facilitate their hyperfertility) and as criminals–either as welfare cheats or as “illegals.” For welfare mothers, the resulting backlash is “workfare”–a program that forces them to work (outside their homes, under the assumption that raising children is neither work nor a benefit to society), but not for a wage. They work for their welfare benefits instead, a remuneration usually far below what they would earn as employees. Meanwhile, government officials, corporate spokespersons and household employers mask their exploitation of low-wage employees as beneficence, purportedly providing them with opportunities, training and preparation, and the ability to assimilate into respectable society.

The war on the poor (welfare reform) and that against unauthorized immigrants are also sometimes functionally tied. Virginia’s state office of social services, for example, cooperated with the INS to open up jobs held by “illegals” for workfare participants. This, along with INS raids of workplaces in the midst of unionization drives, according to Chang, is a growing trend. It is far from clear, however–at least on the basis of the anecdotal evidence Chang presents–that such events indicate a long-term, upward trend. Indeed, while anti-union employers have long used the INS to undermine immigrant-worker organizing, with a number of especially outrageous incidents taking place in the late 1990s, those appear to have diminished over the last couple of years, apparently due to the outcry from union, immigration and human rights activists. In part, the discrepancy reflects the fact that Chang wrote the book–more a collection of essays stitched together–over several years, with some of the chapters having appeared in previous publications.

Chang tends to see the factors that create and drive immigration and the mistreatment of low-wage immigrant workers as derivative of an overarching economic logic and a resulting set of intentional, goal-oriented practices. Thus, the workfare/INS-raid nexus illustrates the “true function” of the INS: “to regulate the movement, availability, and independence of migrant labor.” More generally, immigration “is carefully orchestrated–that is, desired, planned, compelled, managed, accelerated, slowed and periodically stopped–by the direct actions of US interests, including the government as state and as employer, private employers, and corporations.” United States elites keep Mexico and other countries in “debt bondage” so that they “must surrender their citizens, especially women, as migrant laborers to First World nations.” And the purpose of California’s Proposition 187, which would have eliminated public health, education and social services for unauthorized immigrants, is “perhaps” to mold immigrant children into a “category entirely of super-exploitable workers–those with no access to language or other skills and, most of all, no access to a status even remotely resembling citizenship that might allow them the safety to organize.”

Such contentions imply a level of unity within the state and coherency in thought among economic and political actors (who are seemingly one and the same) that simply do not exist. They also downplay the agency of immigrants–who appear to be mere pawns of larger forces–and factors internal to their countries of origin driving immigration. Finally, such economic reductionism is puzzling given Chang’s emphasis on race, gender and nationality. It seems at times, however, that she thinks that these are mere tools for highly rational, all-knowing and all-powerful economic elites.

This is why we need to appreciate the autonomous roles of race-, class-, gender- and nation-based ideologies in informing much of the anti-immigrant sentiment–factors that do not always dovetail with the interests of capital. Indeed, those elements are frequently at cross purposes. More than anything, anti-immigrant initiatives over the past thirty years have been the work of opportunistic and/or entrepreneurial elected officials, state bureaucrats and the cultural right–often small grassroots organizations and right-wing think tanks–rather than the business sector. Historically, capital has been generally pro-immigration. As the New York Journal of Commerce gushed in 1892, “Men, like cows, are expensive to raise and a gift of either should be gladly received. And a man can be put to more valuable use than a cow.” Today, the Wall Street Journal advocates the elimination of border controls for labor. While this probably does not represent the view of most capitalists, it is significant nonetheless. And in the case of Proposition 187–as Chang reports–California employers, while collectively failing to take a public stand on the measure, generally opposed it for fear that they had much to lose if it passed. That said, the author is undoubtedly right to castigate employers for doing little or nothing to stand up for the rights of immigrants from whose labor, and from whose politically induced marginalization, they profit.

Given the divergent emphases and approaches of Andreas and Chang, very different solutions emerge from their arguments. Andreas criticizes the overemphasis on the supply side of unauthorized immigration and drugs. In terms of immigrants, for example, he observes that among wealthy countries, the United States “imposes the toughest penalties on the smuggling of migrants and related activities yet is among the most lenient with those who employ them.” Similarly, he criticizes the scant resources available for enforcing existing workplace rules, which would undermine the ability of employers to exploit unauthorized workers, and he chides Congress for failing to develop a forgery-proof identity card system. (His stand on continued drug policing in the border region is less clear, although he calls for framing the drug problem as one of public health rather than law enforcement.)

Andreas seems resigned to the continued emphasis on border controls, too, despite demonstrating their brilliant failure. As one INS official he quotes explained, “The border is easy money politically. But the interior is a political minefield.” Ending the border buildup is also a political minefield–one Andreas seems unwilling to enter. He is decidedly critical of the border status quo and aware of the hardships it causes (a topic to which he gives insufficient attention), but he critiques it on its own terms. In this regard, he does not stray outside the mainstream confines of debate.

A law-enforcement approach to unauthorized immigration is destined to fail. The ties between the United States and Mexico (and increasingly much of Latin America) are too strong, migrants are too resourceful and creative, and Americans are too resistant to the types of police-state measures that would prove necessary, to reduce unsanctioned immigration significantly. A far more effective and humane approach would be to work with progressive sectors of Third World societies to address the breakdown of political, economic and social systems and/or institutionalized injustice that often leads to immigration.

De-emphasizing boundary policing will likely reduce the deaths of unauthorized migrants (almost 600 in the California border region alone since 1994). But increased internal enforcement will create other difficulties, such as increased discrimination against those who do not look “American.” It will also cause greater hardships in immigrant households, many of which contain people of different legal statuses. Should the US deport a principal breadwinner (an “illegal”) from such a household, for example, leaving behind his or her US citizen children and “legal” spouse to fend for themselves?

Although Andreas argues that “the state has actually structured, conditioned, and even enabled (often unintentionally) clandestine border crossings,” he discusses this matter in narrow terms, focusing on how previous “solutions” to the putative problems had an exacerbating effect. Meanwhile, he neglects the role played by the government and US-based economic interests in creating the conditions that fuel immigration. Thus, no issues of moral or political responsibility enter the analysis.

Grace Chang, on the other hand, puts a strong emphasis on the responsibility of the United States in fueling outmigration; it benefits from immigrant women’s labor and wreaks havoc in Third World countries through the likes of military interventions and the imposition of structural adjustment programs. For Chang, the question is not one of trying to devise the best policy to control the unauthorized but of bringing about the changes needed to realize the rights of immigrants as workers and as human beings. In making this case, Chang correctly calls upon those of us who benefit from an unjust world order to stand in solidarity with immigrants–especially low-wage, Third World women who enable our privileged lifestyles–in their struggle for social justice at home and abroad.

Joseph NevinsJoseph Nevins, a research fellow at the University of California, Berkeley, is the author of Operation Gatekeeper: The Rise of the Illegal Alien and the Making of the U.S.-Mexico Boundary (Routledge). He is currently working on a book about East Timor's ground zero in 1999.